Law No. 259 Of 31 December 1998 On The Empowerment Of The Government To Issue Ordinances

Original Language Title:  LEGE nr. 259 din 31 decembrie 1998 privind abilitarea Guvernului de a emite ordonanţe

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Law No. 259 of 31 December 1998 on the empowerment of the Government to issue ordinances published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 521 of 31 December 1998, the Parliament of Romania adopts this law.


Article 1 pursuant to article 6. 114 para. (1) of the Constitution, the Government is empowered, as from the date of entry into force of this law until the resumption of Parliament on the first regular session of 1999, to issue decrees in the following areas: 1. Ratification of international agreements concerning foreign loans granted to Romania, international transport, inland navigation on the Danube, the PHARE national programme for year 1998: ratification of the agreement to loan) between Romania and B.I.R.D. worth $ 5 million project, aimed at financing S.U.A. relating to cultural heritage;
  

b) ratification of an agreement on the loan between Romania and B.I.R.D., worth $ 10 million project, aimed at financing S.U.A. concerning Romanian Social Development Fund;
  

c) ratification of an agreement on the loan between Romania and the Social Development Fund of the Council of Europe, worth 2.5 million u.s. dollars project, aimed at financing S.U.A. extending home-Muntinlupa hospital;
  

d) ratification of an agreement on loan between Romania and the Social Development Fund of the Council of Europe to assist regions affected by floods in the last period;
  

e) quota increase in the International Monetary Fund;
  

f) approval of external public debt ceiling for 1999;
  

g) ratification of the Final Act of the Convention regarding Diplomatic Protocol which harmonizes the International Convention for the safety of air navigation of 13 December 1960 EUROCONTROL, after making some changes (Brussels, 27 June 1997), and a Protocol on the transition to the multilateral Agreement relating to route charges from 12 February 1981 to annex. IV ' provisions concerning the common system of tariffs for the route "-the International Convention relating to cooperation for the safety of air navigation, EUROCONTROL full compliance by the protocol opened for signature in Brussels in 1997;
  

h) ratification of loan agreement between Romania and the European Investment Bank and National Railway Society (S.N.C.F.R.) for the financing of the project for the modernization of railways, signed at Luxembourg and at Bucharest on 30 June 1998;
  

I) ratification of an agreement on the loan between Romania and the European Investment Bank and directed by Autonomous "National Administration of roads in Romania" (AND) to finance road rehabilitation Project, phase III, signed in Luxembourg on 21 July 1998 and in Bucharest on 24 July 1998;
  

j) ratification of multilateral Agreement concerning international transport base for the development of the Corridor Europe-Caucasus-Asia, adopted at Baku on 8 September 1998;
  

ratification of the additional protocol) on 26 March 1998 of the Convention on the regime of navigation on the Danube in august 1948, signed in Budapest;
  

l) ratification of the agreement in the form of an exchange of letters amending the agreement in the form of an exchange of letters between the European Community and Romania on the establishment of mutual tariff quotas for certain wines;
  

m) the Association Council Decision on ratification of Romania, on the one hand, and the European Communities and their Member States, of the other part, concerning the amendment of Protocol 3. 4 to the Europe Agreement establishing an association between Romania, on the one hand, and the European Communities and their Member States, of the other part, and for ratification of the Romanian-language version of paragraph 6 of article 19. 15 of the same protocol;
  

ratification of the additional Protocol n) No. 7 to the Central European free trade agreement, which modify the Protocol. 7 of the Central European free trade agreement concerning the definition of the concept of originating products and methods of administrative cooperation and to rectify the Romanian-language version of paragraph 6 of article 19. 15 of the same protocol;
  

a ratification of the agreement between the Government of) of Romania and S.U.A. on cooperation regarding counteracting proliferation of weapons, mass destruction and promoting defense and military relations;
  

p) ratification of an agreement between the Governments of the States participating in the Black Sea economic cooperation (C.E.M.N.) collaboration, intervention and emergency response to natural disasters and manmade;
  

q financial Memorandum relating to ratification) national programme PHARE for Romania on 1998, signed in Brussels on 20 October 1998.
  

r) Declaration of Sibiu and the surrounding area as an objective of national interest.
  

2. Finance, accounting, taxes and taxes: a) the amendment of the Government Emergency Ordinance nr. 82/1997 concerning excise duties and other indirect taxes, for the purposes of their reasezarii;
  

(b) income taxation of financial institutions);
  

c) Organization and operation of fiscal and financial control and financial audits;
  

d) filling. 3 of Order No. 3/1992 on value added tax, approved and amended by law No. 130/1992, republished, with subsequent amendments and with the autonomous Regia "National Administration of roads in Romania";
  

e) Amendment Ordinance No. 83/1998 regarding the taxation of income derived from Romania by non-resident individuals and legal entities with respect to legal entities participating in the accomplishment of "Central nuclearelectrica Npp";
  

f) Amendment Ordinance No. 29/1994 concerning the establishment and use of the special fund for the development of the energy system, approved through the law No. 133/1994, as amended;
  

g) amendment of the law nr. 105/97 for the resolution of complaints and obiectiunilor, complaints over the amounts recorded and enforced through acts of coercion or control bodies of the Ministry of finance;
  

h) expediting procedures for the use of foreign loans guaranteed by the State in infrastructure works;
  

I) supplementing Ordinance No. 32/1995 on the timbre, approved and amended by law No. 106/1995, as amended and supplemented, within the meaning of the regulation possibility to incur expenditure for actions of protocol of the Ministry of Justice from proceeds from the stamp, as well as the use of these revenues for the construction and purchase of houses;
  

j) Amendment Ordinance No. 63/1994 concerning the updating of normative expenditures for public authorities and institutions, approved and amended by law No. 13/1995, as amended;
  

k) the setting up of guarantee funds;
  

l) some rules on stamp taxes.
  

3. Accelerating the process of privatization of some companies in the field of industry: self-regulation measures concerning the removal from service of certain fixed assets, physically or morally worn-out unredeemed full of economic agents in the field of industry.
4. military Production: a) regulatory measures in the field of military production;
  

b) modification of the law nr. 18/1996 concerning the guarding of goods and values, goals, and its subsequent amendments, in the sense that, among the budgetary units with gendarmerie guard with actual, exempted from paying to be included and technical military establishments.
  

5. Standardization:-amendment of Ordinance No. 38/1998 on the accreditation and conformity assessment infrastructure.
6. financial support Policy of agricultural producers through: a) amendment of the law nr. 165/1998 establishing the disposal of the Ministry of agriculture and food of the Fund for the financing of the expenditure relating to agricultural works in the plant Kingdom and the animal husbandry in the period 1998-2000;
  

b the first export approval) to wheat and grain maize;
  

c) extension of the scope of the provisions of Ordinance No. 50/1998 on approval of the first of 200 lei/kg when buying wheat from the 1998 harvest for domestic consumption bakery, milling companies and/or bakery and its subsequent amendments;
  

(d) the establishment of the system of coupons) for farmers in 1999;
  

e) support to farmers for the purchase of tractors, combine harvesters, machines, equipment and installations for domestic production agriculture;
  

f) debt rescheduling of agricultural producers;
  

g) completing the Government Ordinance. 41/1994 on the approval of the payment of contributions to the intergovernmental international organisations to which Romania is a party, approved by law No. 126/1994;
  

h) completing the Government Ordinance. 42/1995 concerning the production of food intended for sale, approved and amended by law No. 123/1995.
  

7. Shipments: the organisation and formation) the functioning of the Public service of Naval radio communications, Danger and rescue;
  

(b) the establishment and use of Fund) special ports, ports, harbours, services in ports;
  

c) specific measures for ensuring some resources of the special fund for public roads, and the enforcement of claims in the budget of that Fund;
  

d) granting facilities to businesses in the field of transport, the removal from service of fixed assets physically or morally worn-out unredeemed.
  

8. Public works and regional planning:


the amendment to the Ordinance) No. 20/1994 on measures to reduce seismic risk of existing constructions, approved and amended by law No. 82/1995, republished;
  

b) building program priority marking from Romania;
  

(c) the establishment and use of Fund) specifically for seismic risk reduction of construction and industrial installations of large explosions on the surface and underground mineral and chemical accidents;
  

d) technical regulations concerning the quality of erection, repair facilities and technological equipment of industry and commerce.
  

9. National Education: to define the financial resources) the regulation of the University through commercial banks;
  

b) authorizing educational institutions to carry out bank loans;
  

c) use in decentralized system of financial resources in the pre-university;
  

(d) the establishment of the Romanian Academy) aircraft.
  

10. Tourism: the legal regime of tourist resorts.
11. Scientific research and technological development: participation of Romania in the self-regulation framework V Programme for scientific research, technological development and demonstration projects (1998-2002) of the European Union.


Article 2 (1) In accordance with article 4. 114 para. (3) of the Constitution of Romania, pending the resumption of Parliament on the first regular session 1999, ordinances issued by the Government pursuant to art. 1 of this law will be submitted to the Chamber of Deputies and to the Senate for approval, according to the legislative procedure, failure to comply with the time limit for the termination of the effects thereof.
  

(2) Ordinances made by the Government pursuant to paragraph 1. (1) will be debated as a priority.
  


Article 3 in the areas referred to in this law unconstitutional, if it were adopted draft laws or legislative proposals by one of the Chambers of Parliament or have been compiled and submitted reports of standing committees dealing background, they will be considered by the Government to issue ordinances.
This law was adopted by the Chamber of deputies at its meeting on 22 December 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU, this law was adopted by the Senate at its meeting on 22 December 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. NICHOLAS, PRESIDENT of the SENATE ULM SADR — — — — — — — —